For the purposes of a provision of an Act that is a provision in
which couple relationship has the meaning given by this Act, a
person is a partner of a couple relationship with
another person (whether of the same sex or a different sex) if:

(a) the person is in a registered relationship with the other
person under section 22B; or

(b) the person is in a de facto relationship with the
other person under section 22C.

[Acts Interpretation Act: couple
relationship]

Note:
The General Law Reform Bill will require consequential amendments
to omit ‘de facto partner’ and substitute
‘partner of a couple relationship’.

(1) For the purposes of paragraph 22A(a), a person is in a
registered relationship with another person if the
relationship between the persons is:

(a) registered under a prescribed law of a State or Territory
as a prescribed kind of relationship; or

(b) registered in a foreign country where, under the local
law, the relationship was, at the time when it was registered,
recognised as valid.

(2) To avoid doubt, paragraph 22B(1)(b) does not provide for
the recognition of marriages under foreign law which are recognised
under PartVA of the Marriage Act 1961.

[Acts Interpretation Act: registered
relationships]

(4) Government
amendment no. (6), after proposed item 13, insert:

13A At the end of Part 4

Add:

36A Information on discrimination
(private superannuation funds)

(1) A private sector fund must, within 60 days of the
commencement of Schedule 4 of the Same-Sex Relationships (Equal
Treatment in Commonwealth Laws—Superannuation) Act 2008 ,
provide to APRA a report containing the following information:

(a) whether the trust deed by which the entity is constituted
recognises members of the opposite sex as a couple (however
defined); and

(b) whether the trust deed by which the entity is constituted
recognises members of the same sex as a couple (however defined);
and

(c) any differences in the way the trust deed recognises as a
couple (however defined) members of the opposite sex, as compared
with members of the same sex.

(2) APRA must place a copy of any report made under this
section on the Internet with public access through APRA’s
home page.

(3) If there is any material change to the information
published by an entity under this Division, the entity must provide
an up-to-date report within 7 days.

[private super funds to provide
information on discrimination]

(5) Government
amendment no. (6), after proposed item 13, insert:

13B After section 40

Insert:

40A Complying funds must not discriminate
in couple definitions

Despite any other provision in this Part, a private sector fund is
not a complying fund unless, within 60 days of the commencement of
Schedule 4 of the Same-Sex Relationships (Equal Treatment in
Commonwealth Laws—Superannuation) Act 2008 :

(a) the trust deed by which the entity is constituted adopts
the definition of spouse contained in this Act; or

(b) to the extent that the trust deed by which the entity is
constituted recognises members of the opposite sex as a couple
(however defined), the deed also recognises members of the same sex
as a couple.